Articleship extension

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 September 2014 Hii.. my articleship completion date was on 20.09.2014. i previously took transfer from a firm wherein my leave was 77 days n i got letter from icai that my excess leave is 37days. now my total leave including leave from previous firm is 181days. so accordingly my extension should be 29days.
(1095-181=914/6=152 eligilible leave -181 days= 29 days extension)
My Queries are:
1.is my calculation of extension period correct? (as my principal is not much aware of any calculation regarding extension)
2.My articleship being completed on 20.09.2014 being a saturday,i am supposed to execute form 107 from next day so that there is no gap in between. However 21.09.2014 being a sunday there was neither stamp paper avialable nor franking could be done.. so now i am taking stamp paper of date 22.09.2014..can i show the deed being executed from 21.09.2014 even though the stamp paper is of next day? if not what are the remedies
pls help.. pls reply as soon as possible...pls its urgent

Nikhil Kaushik

Nikhil Kaushik (Expert)
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22 September 2014 1. yes your computation is correct.

2. you can have the stamping done in advance. It is not required that the stamp paper should be dated 21 Sept. So get an backdated stamp paper from the notary

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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22 September 2014 1. yes agreed\
2. agreed with above reply

Querist : Anonymous

Querist : Anonymous (Querist)

22 September 2014 the stamp paper is back dated only bt when they issue to me they affix the date of issue i.e on 22.09.2014..is that ok? whereas my deed of supplementary articles (form 107) is from 21.09.2014.. pls reply

Nikhil Kaushik

Nikhil Kaushik (Expert)
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22 September 2014 no that is not ok. if the stamp paper issue date is after the start date of extension, it wont work

Querist : Anonymous

Querist : Anonymous (Querist)

22 September 2014 so now what am i supposed to do now ? the stamp vendor did not isuue to me a back dated stamp paer although i asked for the same a day before.. i dnt want my form 107 to get invalid...pls help

Nikhil Kaushik

Nikhil Kaushik (Expert)
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22 September 2014 then instead of Form 107, submit 102 and 103 and date it on the present date.

Querist : Anonymous

Querist : Anonymous (Querist)

22 September 2014 ok.. i had called institute in bkc and thane..they said its ok if the agreement is back dated by one day.. i asked with notaries also..they said issuing backdated stamp paper is an offence so they cant issue one.. so now do i rely on institute and submit form 107 one day before stamp paper is issued to me? in case i get letter from icai then do i hav a remedy to defend that i was informed from their regional offices that back dated agreement would be ok? or go on with option of 102/103 in case there is no other possibility? pls help